Employment law & HR update (November 2024)
In the November edition of our Employment Law & HR update, we have published a selection of news, insights, case studies and more on topics including:
What the Autumn Budget means for employers;
Tips for avoiding work Christmas party HR issues;
Unfair dismissal over murder arrest; and
When migraines become a disability.
If you require further information on anything included in this update or any employment issue you may be facing, please do not hesitate to contact the Employment team on 01332 867 766.
What does the autumn budget mean for employers?
National Minimum Wage rates
From 01 April 2025:
The National Living Wage (payable to workers 21 and over) will rise from £11.44 to £12.21 an hour.
18 to 20 years olds will be paid £10 per hour (rising from £8.60 per hour).
Apprentices £7.55 per hour (rising from £6.40 per hour).
Always remember to ensure that salary sacrifice deductions do not reduce staff pay below the minimum level. You may need to check compliance with the new rates when they come into effect, taking this into account.
It is likely that the next few years will see a move toward a single-adult rate.
National Insurance raise
From 06 April 2025:
The rate of National Insurance paid by employers will rise from 13.8% to 15% (for both class 1A and class 1B NICs).
The per-employee threshold at which employers pay will be reduced from £9,100 to £5,000.
Smaller businesses will benefit from a rise in the employment allowance from £5,000 to £10,500 (an allowance eligible employers can set off against their NIC liability).
Keeping work Christmas parties safe from legal and HR issues
Work Christmas parties offer a great chance to celebrate with your team, but they also come with potential legal and HR risks. Issues like misconduct, harassment, and discrimination claims can arise during and after the event if not carefully managed.
We explore how to avoid these risks by setting clear expectations for employee behaviour, managing alcohol consumption responsibly, and ensuring the event is inclusive for all staff members. We also highlight the importance of addressing any post-event grievances promptly and consistently applying company policies to protect your business.
By taking proactive steps, you can host a memorable and safe celebration that fosters team spirit while safeguarding your company from legal complications.
Employee unfairly dismissed despite concealing arrest for murder
Can an employee be unfairly dismissed after hiding their arrest for a serious crime? In a surprising tribunal ruling, an employee's dismissal was deemed unfair, despite the severity of the circumstances. This case highlights why employers must follow correct procedures, even in extreme situations.
We explore the key missteps made by the employer, the tribunal’s reasoning, and the practical lessons for handling sensitive disciplinary matters. It also provides guidance on balancing legal compliance with protecting your business reputation.
When migraines become a disability
In the case of Zagorski v North West Anglia NHS Foundation Trust, the Employment Appeal Tribunal ruled that severe, chronic migraines could be classified as a disability under the Equality Act 2010 if they significantly limit daily activities. This case emphasises the need for employers to fully assess the impact of such conditions and make reasonable adjustments to accommodate affected employees.
If you require further information on anything included in this update or any employment issue you may be facing, please do not hesitate to contact the Employment team by calling 01332 867 766 or send an email to enquiries@flintbishop.co.uk